EC mayor files suit against borough council

Tuesday

Sep 18, 2007 at 12:01 AM

By Eric Poole

NEW CASTLE - The battle between Ellwood City Mayor Don Clyde and borough council for authority over the police department is headed to court.

Clyde sued the council Monday in Lawrence County Court, alleging that it has taken authority over the police department that is reserved for the mayor under the state borough code. The lawsuit centers upon an ordinance, passed by council in June, which enumerated a list of duties for the police chief. Clyde vetoed the ordinance, and council overrode his veto.

The ordinance included provisions establishing that the police chief would have authority over certain police operations, including public relations efforts, and control of evidence and the police department's armory.

The ordinance also established the police chief as supervisor of the daily operation of the police department and all department personnel.

Council passed the ordinance after Clyde ordered Police Chief Richard McDonald not to carry a weapon in the municipal building or participate in community outreach programs.

Under the code, as quoted in documents Clyde filed with the court, the mayor is empowered to "preserve order in the borough, enforce the ordinances and regulations, to remove nuisances, to enact a faithful performance of the duties of the officers appointed."

The code also holds that, while council can hire, remove and establish rank for police officers, the mayor "shall continue to direct the manner in which the persons assigned to the office shall perform their duties."

In the lawsuit, Clyde accused council of changing the police department's locks to deny him access to the department and said he is permitted to be in the department only in the presence of a police officer.

Clyde is seeking a permanent injunction preventing council from restricting his access to the police department and payment of his attorney's fees.

Tom Leslie, Clyde's attorney, said that the state code's wording is clear on establishing the mayor's authority over the department and that there is no provision in the code allowing the council to delegate any duties to the police chief or any other officer.

"The code says what it says, and it doesn't say the council can do what it did," Leslie said.

Glenn Jones, Ellwood City borough president, said the borough tried to head off the lawsuit in recent weeks by developing an ordinance, which was adopted Monday night, establishing that the mayor would set the "manner" of operation for the police department, while council would determine the duties.

Clyde said he plans to go ahead with the lawsuit regardless of council's action Monday.

"The ordinance council passed (Monday) night, in my opinion, is a violation of the borough code," Clyde said.

Jones, who said Clyde interfered with a drug arrest last year, which resulted in drug charges being dropped in a case involving a borough resident accused of growing marijuana, said the lawsuit is not in the borough's best interest.

"I think it's ridiculous, but if that's what he wants to do, we can't stop him," he said.

Jones said the borough would defend the lawsuit.

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